N.K.JAIN, J. - (1.) THE petitioner's case is that he being a dependent of the deceased of the government servant was eligible and applied in pursuance of the advertisement Anx. P/2 for one of the three posts but by not adding 5 bonus marks to the percentage as per mark sheet Anx. P/1 he was not called for the interview whereas persons having less percentage than the petitioner have been admitted against these three reserved posts.
(2.) IN compliance of the order of this Court dt. 17.8.1995, the petitioner was allowed to appear In the interview but it was ordered that his result be kept separately. In compliance of the notice reply has been filed stating that the minimum qualification prescribed for dependants of deceased employees quota is Secondary School Examination as per Item No. 9 though for general category, the minimum qualification prescribed under the rules is 10+2 examination. It has been stated that even by adding 5 bonus marks the petitioner was not eligible for reserved seat, so the petitioner was rightly not called for the interview. It has also been stated that as per the Government Circular dt. 27.7.95/2.7.95 priority was extended to the dependant of the deceased employees and working as a untrained teacher with a view to provide them training and in compliance of the said circular two candidates Yogesh and B.L. Prajapati who are already in service have been given admission and one other candidate was given admission on the basis of higher percentage in Secondary Examination.
(3.) LEARNED counsel for the petitioner submits that this case is squarely covered by the decision rendered in Krishna Kumar v. State S.B.C.W. Petition No. 2936/95 decided on 27.2.1996 wherein the petitioner who was dependant was ordered to be admitted in the year 1997 without his merit being considered with the applicants who apply for being admitted to that course In the said Institute and one vacancy should be kept reserved for him. He submits that since the criterion, applied by the respondents has been disapproved by this Court in the said Krishna Kumar's case (supra) and session has already been started one vacancy should be kept reserved for the petitioner in terms of the said decision.;